Civil Courts + ADR

Question 1

Define jurisdiction

Answer 1

Power to aply the law

Question 2

What is the administrative court

Answer 2

Sits within the kings/queens bench which deals with some criminal cases

Question 3

What type of cases does the county court deal with

Answer 3

Housing claims
Bankruptcy
Will + trust

Question 4

Why are lawyers discouraged sometimes

Answer 4

Because they can be more expensive than the actual case

Question 5

What are the devisions of the high court

Answer 5

-King bench
-family bench
-chancery bench

Question 6

Kings bench

Answer 6

-largest devision
-deals with the cases that don’t apply to the chancery and family bench
-administrative court is here
-over £100,000

Question 7

Chancery devision

Answer 7

• deals with :
  *disputes over trust
  *propate claims
  *partnership matters
  (Disputes abt business,land,property)
  -above £100,000

Question 8

family division

Answer 8

• held in private, sensitive matter
  -cases related to children
  -family disputes
  -child abduction
  -forced marriage

Question 9

appeals

Answer 9

-heard at the next level above
-usually 3 judges
-wednesbury unreasonableness
-appeal needs to be made within 21 says of original hearing
-

Question 10

wednesbury unreasonableness

Answer 10

it is so unreasonable that no reasonable person acting reasonably could of made it

Question 11

appeals from the county court

Answer 11

-original decision is made by district judge then appeal is made by a circuit judge
-appeal can be then brought to the high court

Question 12

superior judges

Answer 12

justices of the supreme court
^
lord justices of appeal
^
high court judges

Question 13

ADR

Answer 13

solving disputes outside court

Question 13

methods of ADR

Answer 13

negotiation
^
mediation
^
conciliation
^
arbitration
^

Question 13

mediation

Answer 13

a neutral member helps the parties reach a solution. but remains unbiased

Question 14

inferior judges

Answer 14

circuit judges / recorders
^
district judges
^
tribunal judges

Question 15

negotiation

Answer 15

trying to solve a dispute through a conversation

Question 16

conciliation

Answer 16

similar to mediation, but they are actively involved in the dispute giving legal advice.

Question 17

Arbitration

Answer 17

Like a court, but it is informal procedure to hear cases and come up with a verdict. after this whole process, you then take the case further resulting into an actual case hearing in the courts.

Question 19

Employment tribunal

Answer 19

-Responding for heating claims from people like an employer
-it deals with: unfair dismissal, discrimination,no breaks etc

Question 20

Making a claim

Answer 20

You first contact ACAS, where you get offered a free early conciliation to discuss the case further. Better than court as it is less formal and less daunting/scary

Question 21

List the 3 tracks

Answer 21

-Small claims track
-fast track
-multi track

Question 22

Small claims track

Answer 22

-Under £10,000+ personal injury cases under £1,000
-cases heard by district judges
-quick
-informal setting with all parties and the judge asking questions

Question 23

Fast track

Answer 23

-claims worth no more than £25,000 -heard by a circuit judge -formal setting

Question 24

Multi track

Answer 24

Claims worth £25,000+ High court judge is dealing with the case Most formal environment ADR is encouraged

Question 25

Types of offences

Answer 25

-summary (minor) -tribal either way (middle) -Indictable (major)

Question 26

Jurisdiction of magistrates

Answer 26

-around 95% of cases are heard at magistrates -summary + some triable either way is heard here -lay people -each offence is 6 months

Question 27

Jurisdiction of crown courts

Answer 27

Serious criminal cases are heard here Magistrates can be appealed here Circuit judges / recorders sit here

Question 28

appeals from magistrates court

Answer 28

-defense only - either against the conviction or sentence

Question 29

appeals from crown court

Answer 29

-criminal appeals act (1995) -criminal cases review commission make sure that law is applied properly in the crown court

Question 30

aim of sentencing

Answer 30

DIFFERENT TO TYPES OF PUNISHING THIS IS THE IDEAL GOAL THE TYPES IS HOW THEY CAN BE PREFORMED. -criminal justice act 2003

Question 31

types of sentancing 1

Answer 31

-punishment (retribution) -decrease crime rate (deterrence) -reform offenders (rehabilitation) -protect public (incapacitation) -compensation(reparation)

Question 32

retribution

Answer 32

-punishment should fit the crime -"an eye for an eye"

Question 33

rehabilitation

Answer 33

-aim for changing the offenders behavior to be fit for society -55% of crimes are run by drugs or alcohol

Question 34

deterrence

Answer 34

-reducing the crime rate through fear -there are 2 types of deterrence general (stopping others from committing the crime due to how severe the result is) and individual (stopping themselves from committing the crime)

Question 35

incapacitation

Answer 35

-public is protected when danger is out of harms way -putting dangerous prisoners in prison to protect the people

Question 36

reprivations

Answer 36

compensating the victim

Question 37

types of sentancing 2

Answer 37

-custodial -community -fines -discharge

Question 38

custodial

Answer 38

-most serious punishment - the custodial sentences list of: -mandatory life sentence -detention / curfew -extended sentence -suspended sentence

Question 39

fines

Answer 39

most common type of punishment, paying a fee

Question 40

discharge

Answer 40

-defendant is convicted of the offence but no punishment is necessary. -conditional >> no sentencing unless the defendant doesn't do it in the spam of 3 years. -absolute >> defendant committed a crime and no punishment

Question 41

lay magistrates

Answer 41

-17,500 lay magistrates sit in courts -no legal qualifications -must have sound judgement, maturity, good character. -there is a 2 stage interview (1st looks at their character, 2nd looks at their decision skills) -each bench of magistrates are assisted with a clerk who gives advice related to the case.

Question 42

juries